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COMMONWEALTH v. HEATH

24 Mass. App. Ct. 437 (1987)

509 N.E.2d 1212

COMMONWEALTH vs. RANDALL HEATH (and a companion case).

Appeals Court of Massachusetts, Worcester.

July 7, 1987.

Attorney(s) appearing for the Case

Jane Larmon White, Committee for Public Counsel Services, for Mark Leger.

Warren M. Yanoff for Randall Heath.

Claudia R. Sullivan, Assistant District Attorney, for the Commonwealth.

Present: GREANEY, C.J., CUTTER, & KASS, JJ.

CUTTER, J.

These defendants, Heath and Leger, appeal from convictions in August, 1985, of aggravated rape of a young woman (the victim), then sixteen years old. The defendants assert errors at their trial principally in the exclusion of evidence and in the judge's instructions to the jury. The evidence permitted the jury to make the following findings.

The victim (who lived in Gardner) and two other young...

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